Quick Answer: Can A Neighbor Plants Trees Exactly On The Property Line?

Can a neighbor plant a tree on the property line?

Under California law, trees or shrubs that grow across a property line can be considered a nuisance.

A nuisance is an activity or condition that impairs the enjoyment of a person’s property.

An example would be dead tree limbs hanging over a neighbor’s house that are likely to break and hit the house in a storm..

Can I force my neighbor to trim his tree?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.

Can you force a neighbor to cut down a tree?

And, since this case isn’t about a tree that’s posing harm or impeding on their property at all, the neighbor cannot force Phyllis to cut it down. … Homeowners must inspect trees and ensure their trees are safe. Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages.

What to do if a Neighbour’s tree is affecting you?

If your neighbor’s tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. If that fails, you may have to contact the local government or take your neighbor to court to address the issue.

There is no legislation relating to the height of trees and nothing the council can do to enforce a reduction in the height of a neighbour’s tall tree.

What happens if I cut down a tree without permission?

To summarize California law: Tree cutting now has three measures of damages: “(1) for willful and malicious cutting, the court may impose treble damages but must impose double damages; (2) for casual and involuntary tree cutting, the court must impose double damages; and (3) for trespass under legal authority (e.g. …

What can I do if my neighbor’s tree is too big?

Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

Can I sue my neighbor if his dead tree falls on my house?

You could be held liable if your tree was dying or already dead before it fell on your neighbor’s property, and you did nothing to prevent property damage. In this case, your insurance carrier would have to cover the repairs.

What are the rules about Neighbours trees?

Problems With Neighbouring Trees: Action GuideThe law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.Do not just throw trimmings back over the boundary – this could constitute ‘fly tipping’.More items…•7 days ago

Can I throw my Neighbours branches back?

Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. That could be deemed to be fly tipping of garden waste. Advise your neighbour that you intend to burn them or take them to a recycling centre.

How do you kill a neighbor’s tree?

The Best Way To Kill A Tree Undetected FAST Drill several holes in roots under the soil and pore Tordon in it. Tordon is the best tree killer on the market. It’s what most arborists recommend for killing the hardiest trees.

Can you throw a neighbor tree branches over the fence?

It is a common law that gives you the right to cut or trim any roots, branches or leaves that overhand your boundary as long as the tree is not protected. However, you should not cause any unnecessary damage to the tree or kill it in the process.

Do I have to tell my neighbor im putting up a fence?

You should definitely tell them, it’s good to give your neighbors a heads up any time you’re doing work that will affect the property line or make a lot of noise, etc. I would also make sure you are within your local and community regulations in installing a fence. … Say you are getting a fence for them.

How close to a property line can I plant a tree?

4 feetTrees planted close to the property line can become a problem when they grow. Trees should be planted 3 – 4 feet from property lines to allow for future growth.

Can I complain about Neighbours trees?

If you think your neighbour’s tree is dangerous, you can report it to the council – for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for ‘trees’ on your council’s website to find which department to contact.

Can my Neighbour cut my tree without asking?

In law you are entitled to cut off any branches overhanging your property provided you return them to the owners. … Entering someone’s property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court.

What can you do if your neighbor encroaches on your property?

As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the boundaries—but the more you involve the legal system, the more cost you will incur.